U.S. Government Trying To Take Away Your Pocket Knives!

June 7, 2009

U.S. Customs & Border Protection (CBP) just a bit over two weeks ago on May 21st proposed revoking earlier rulings that assisted opening knives are not switchblades. The proposed new rule would not only outlaw assisted opening knives, its new broad definition of a switchblade would also include one-handed opening knives and could be easily interpreted to cover most other pocket knives, even simple old-fashioned slip-joints. At this point, one-hand opening and assisted opening knives are 80% of U.S. knife sales (per AKTI industry sources). For most knife companies, they represent all or the majority of their product lines. These are the knives Americans take with them to work and to play everyday.

Note, please, that CBP’s interpretation of the Federal Switchblade Act forms the basis for national, state and even local law and judicial rulings in many cases. This ruling by CBP is NOT limited to just imports. This WILL affect virtually everyone who carries a pocket knife, no matter the type!

CBP came up with this absurd proposal and then tried slipping it into their regular notices, apparently hoping nobody would become aware of until too late. They provided for only the minimum 30-day comment period, and there’s no email comments allowed. Obviously, they’d just as soon not hear from us. We’re intending to disappoint them in that.

CBP’s proposal which would have effects far beyond that suggested in the title of the proposal, “Proposed Revocation Of Ruling Letters And Revocation Of Treatment Relating To The Admissibilty [sic] Of Certain Knives With Spring-Assisted Opening Mechanisms,” which would be bad enough even if it only did that. However, this proposal would make it illegal for the estimated 40 million law-abiding Americans who own and carry pocket knives to do so. It would also cost this country dearly in destroyed businesses, lost jobs and ruined families. Thousands of jobs and billions of dollars would be lost. CBP clearly appears to not have considered the consequences of this unnecessary, inappropriate and even illegitimate action. Since CBP is not required to consider the effects of their actions, only Congress or the courts can rein them in. If left to the courts, the industry and our rights will be devastated and America will lose much, regardless of who wins the legal fight.

The definition of what is a switchblade has been clear and settled for the most part since the Federal Switchblade Act was passed in 1958 and has been reaffirmed by many years of legal decisions. The Act is very clear that a switchblade must have an activating button on the handle. Without a button, it is not a switchblade and this has been upheld by numerous cases on many levels over the years. CBP’s convoluted reasoning in their proposal to reach back beyond the law and to expand their regulatory purview by rationalizing “intent”as justification for this new interpretation is a stretch, at best, and illegitimate at worst. It simply doesn’t meet the common sense test.

CBP’s reaching beyond the clear language of the Act in making this proposal is particularly questionable and irreconcilable because it flies in the face of virtually unanimous recent state court rulings (including several cases in California, Texas, Illinois and Michigan) where the issue of assisted-opening knives has already been decided in favor of the existing clear interpretation, that they are not a switchblade. They cherry-picked a few bizarre and untypical rulings from New York state from some years ago to provide support for their proposal, ignoring the many more recent rulings.

For CBP to ignore this overwhelming existing body of law is inexcusably arrogant and borders on a reckless abuse of their power. For them to suddenly do an about face is akin to moving the goalposts after starting the game, and then completely changing the rules of the game besides, making every play ever devised illegal.

Beyond that, their significantly expanded interpretation of gravity and inertia knives, also included in the Act, would clearly make one-hand opening pocket knives illegal and according to industry sources, 80% of pocket knives sold today are one-hand or assisted openers. Beyond even that clearly excessively broad seizure of authority, we know from past unfortunate experience in many cases over the years that this sort of misinterpretation leads to potential abuse by law enforcement where even the most simple and innocuous Boy Scout folding pocket knife can be opened one-handed by use of dangerous and unsafe tricks, so that these too would be covered under this expanded federal definition. This ruling would therefore make almost all pocket knives subject to being considered switchblades.

The impact of this CBP ruling would go far beyond just imported knives because this “agency determination” will be used by domestic courts and law enforcement to determine what is a “switchblade” under both federal and state laws. Many states do not themselves define switchblades and simply rely on the federal definition and interpretation, which is only found in rulings by CBP. Since interstate commerce in switchblades is prohibited, except under very limited conditions, simply driving across a state line with a pocket knife in their possession would make someone a federal felon.

Knifemaking in the U.S. has enjoyed a renaissance in the past decade or two as the genius and innovation of American knifemakers, designers and manufacturers has created a booming and vital American industry with thousands of exciting new knife designs that improve the function, utility and safety of the lowly pocket knife, one of man’s oldest and most useful tools. Millions of Americans have responded to this innovation, creating a vibrant industry. For the most part these are family owned businesses that are American success stories, the core of America’s economic strength. This proposal by CBP would destroy all that for no good reason. They don’t need a bailout; they just need to be left alone to prosper.

The knife industry tells us they employ nearly 24,000 Americans and have a nearly 6 billion dollar annual impact on our nation’s economy. If this proposed ruling is allowed to stand, thousands of jobs will be lost at the direct cost of billions of dollars. That doesn’t even begin to cover the enormous cost to the country of those that would become unemployed, the ruined businesses, foreclosed homes, years of litigation by both industry against CBP and who knows how many criminal trials and appeals as law-abiding Americans fight this abusive attempt to take away their knives, as well as many other devastating unforeseen effects of this ill-considered proposal. Thousands of American citizens’ lives would be ruined. Millions of Americans would be impacted. The cost would be tragically huge, more so because it is neither necessary, nor desired by the vast majority of Americans.

We are in for the fight of our lives to save our Pocket Knives and our essential Knife Rights. We can only win if you do your part. You have to write NOW!

Breaking News: We have received word that U.S. Customs & Border Protection (CBP) has DENIED the numerous requests for extension that it had received from Knife Rights, AKTI, manufacturers and citizens like you, and is planning to stick with the June 21 deadline for comments.

CBP’s denial of an extension seems to be a clear indication that they do not intend to act in a fair and reasonable manner on this issue and have already made their decision to go ahead. That may be a somewhat cynical viewpoint, but given the history of CBP, it seems like a good bet. That means we have to set the stage for the next act, which will likely be conducted both in court and in Congress. The battle is far from over; your comments will play a key role in both efforts. If you haven’t yet submitted comments, you need to do it NOW! (see below) Your comments on the record will make a difference and the more the better.

However, the reality is that CBP isn’t required to listen to our demands, but they do have to answer to Congress. After you send a letter to CBP, giving them notice they are not going to sneak this by us, the next step is to inundate Congress with emails and letters.

If you want to be free to carry your pocket knives in the future, you need to write your Senators and Representative TODAY!

Help us stop this ill-conceived effort by CBP before it puts thousands of more Americans out of work and destroys one of America’s oldest industries, causing great harm to our nation and many American families. Help us stop these faceless, heartless bureaucrats from destroying our essential American freedoms. This nation has many more important issues that need our attention and energy in this time of crisis.

NOW IS THE TIME WE MUST DO BATTLE! WE HAVE NO TIME TO WASTE.

GET ON YOUR COMPUTERS AN SEND THOSE EMAILS and LETTERS.

Knife Rights cannot do it without your help. Knife Rights is only as powerful as the forces we can bring to bear. You are the only truly effective weapon we have. Policitcans only listen to voters. NOW IS YOUR TIME TO ACT!

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